California Harassment Prevention
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What Employers Should Know About

California Sexual Harassment Prevention Training

Updated Summer 2019
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Summary:

All California employers, which employ 5 or more employees, must provide sexual harassment training to all employees every two years
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Recent changes:

SB 1343, which was approved in 2018, requires any employer with at least 5 employees to provide the sexual harassment training to all employees (previously training was only required for employers with >50 employees and for supervisors). SB 778, which was approved on August 30, 2019, and SB 530, which was approved on October 10, 2019, clarified/amended certain deadlines.
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Relevant California laws:

AB 1825 which added Section 12950.1 to the California Government Code (Fair Employment and Housing Act) and relevant amendments to the Code (AB 2053, SB 396, SB 1343, SB 778, SB 530)1 as well as 2 CCR § 11024
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What companies must provide training:

All California employers which employ 5 or more employees2.
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Who must be trained:

All employees must be trained3. Supervisory4 employees must be trained for at least 2 hours and non-supervisory employees must be trained for at least 1 hour.
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How frequently must employees be trained:

All employees must be trained once every 2 years
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When must employees be trained:

Nonsupervisory employees and supervisory employees need to be trained within 6 months of hire/assumption of supervisory role5. Temporary workers6 must be trained within 30 days of initial hire or within 100 hours worked, whichever comes first (effective January 1, 2021). All employees must be trained by January 1st, 202110.
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Minimum training requirements:

  • All employees must be provided with classroom7 or other effective interactive training and education regarding sexual harassment and the prevention and correction of sexual harassment and remedies available to victims of sexual harassment
  • The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation
  • Training must be at least two hours for supervisors and at least one hour for nonsupervisory employees
  • The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion
  • The training must include, but is not limited to:
    • The definition of sexual harassment provided by FEHA and the Civil Rights act of 1964
    • FEHA and Title VII statutory provisions and case law principles concerning the prohibition against and the prevention of unlawful harassment, discrimination and retaliation in employment.
    • The types of conduct that constitute sexual harassment
    • Remedies available for sexual harassment victims
    • Strategies to prevent sexual harassment
    • Supervisors’ obligations to report sexual harassment, discrimination, and retaliation that they are aware of
    • Practical examples that illustrate sexual harassment, discrimination, and retaliation in the workplace
    • The limited confidentiality of the complaint process
    • Resources available to sexual harassment victims and who they should talk to
    • Steps to take to remediate harassing behavior
    • Training on what to do when the harasser is the supervisor
    • The essential elements of an anti-harassment policy
    • A review of the definition of “abusive conduct” and its negative effects on the victim and the workplace. The detrimental consequences, such as productivity and morale, of abusive conduct on an employer. The elements of abusive conduct. Examples of abusive conduct. That a single act does not constitute abusive conduct, unless especially egregious
    • Protection against retaliation in employment for filing a complaint or participating in investigations relating to sexual harassment in the workplace
  • “An employer may also provide bystander intervention training8
  • E-Learning must be:
    • Be individualized, interactive, created by a trainer and an instructional designer
    • Provide a link or directions on how to contact a trainer who shall be available to answer questions
    • Include questions that assess learning, skill-building activities that assess the supervisor's application and understanding of content learned, and numerous hypothetical scenarios about harassment, each with one or more discussion questions so that supervisors remain engaged in the training. Examples include pre- or post-training quizzes or tests, small group discussion questions, discussion questions that accompany hypothetical fact scenarios, use of brief scenarios discussed in small groups or by the entire group, or any other learning activity geared towards ensuring interactive participation as well as the ability to apply what is learned to the supervisor's work environment
 
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